Campo Grande ordered to indemnify woman for eight-year false HIV diagnosis

The 5th Civil Chamber of the Court of Justice of Mato Grosso do Sul (TJMS) has unanimously upheld a ruling ordering the Municipality of Campo Grande to pay R$ 50,000 in moral damages to a woman who received a false HIV diagnosis.

The error, which began in May 2016, resulted in the patient taking antiretroviral medications continuously for approximately eight years. A new serological test conducted in May 2024 revealed a non-reactive result, proving she never carried the virus. Health professionals subsequently documented the false positive in her medical records.

The municipality attempted to appeal the decision, arguing that health professionals followed existing protocols and that the initial result might have been due to scientific limitations of the tests available in 2016. However, Judge Alexandre Raslan rejected these arguments, stating that the state's responsibility is objective under the Brazilian Constitution, as the public administration diagnosed, prescribed, and provided the medication throughout the period.